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NORWEST BANK MINNESOTA, N.A. v. ODE

No. C0-00-133.

615 N.W.2d 91 (2000)

NORWEST BANK MINNESOTA, N.A., as Trustee under that Certain Pooling and Service Agreement dated as of March 1, 1998 for Southern Pacific Secured Assets Corp. Mortgage Loan Asset-Backed Pass-Through Certificates, Series 1998-1, Respondent, v. Paul N. ODE; Paul N. Ode as Trustee of the Esther Ode Inter Vivos Trust Dated February 12, 1982; John Doe and Mary Roe, Defendants, Jeanine Ode, et al., Appellants.

Court of Appeals of Minnesota.

Review Denied October 17, 2000.

Attorney(s) appearing for the Case

Lawrence P. Zielke, Beth W. Asmussen, Shapiro & Nordmeyer, Edina, for respondent.

James T. Hynes, Stapelton, Nolan & Hynes P.A., St. Paul, for appellants.

Considered and decided by TOUSSAINT, Chief Judge, HALBROOKS, Judge, and PARKER, Judge.

OPINION

EDWARD J. PARKER, Judge.*

Appellants challenge the district court decision granting respondent summary judgment and a decree of foreclosure on a mortgage, contending reformation was not appropriate under the circumstances. We reverse and remand.

FACTS

The owner of the property at issue is the Esther Ode Inter Vivos Trust dated February 12, 1982. The trustee...

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